Business Law Fundamentals
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Questions and Answers

Which of the following are essential elements for a valid contract?

  • Agreement, performance, and fulfillment
  • Intent, capacity, and legality
  • Consent, object, and cause (correct)
  • Offer, acceptance, and consideration
  • What is the purpose of a penal clause in an obligation?

  • To simplify the process of contract interpretation
  • To provide a way to enforce an agreement by means of a monetary penalty (correct)
  • To automatically extend the duration of an obligation
  • To allow for the renegotiation of terms in case of unforeseen circumstances
  • Which of the following are types of obligations?

  • Unilateral, bilateral, and multilateral
  • Real, personal, and mixed (correct)
  • Conditional, suspensive, and resolutory
  • Express, implied, and tacit
  • What are the sources of obligations?

    <p>Law, contracts, quasi-contracts, quasi-delicts, and acts or omissions punished by law. (B)</p> Signup and view all the answers

    A contract is perfected by the meeting of minds between the parties, even if no physical delivery of the object has taken place.

    <p>True (A)</p> Signup and view all the answers

    What are the grounds for liability in the performance of obligations?

    <p>Fraud, negligence, default, and breach (D)</p> Signup and view all the answers

    Which of the following is a valid defense against a solidary debtor's obligation to reimburse a co-debtor after paying the entire debt?

    <p>The payment was made after the obligation has prescribed or become illegal. (C)</p> Signup and view all the answers

    What is the legal effect of a fortuitous event on a determinate obligation to give?

    <p>The obligation is extinguished. (C)</p> Signup and view all the answers

    In a contract, explain the difference between a motive and a cause.

    <p>A motive is a personal reason for entering into a contract, while a cause is the objective legal reason for the contract's creation.</p> Signup and view all the answers

    What are the modes of extinguishing obligations?

    <p>Payment, performance, condonation, confusion, compensation, novation, prescription, rescission, and annulment (B)</p> Signup and view all the answers

    Which of the following are essential elements of a contract?

    <p>Consent, object, cause (B)</p> Signup and view all the answers

    Which of the following is a type of obligation?

    <p>All of the above (D)</p> Signup and view all the answers

    A contract is created only when all parties agree to its terms.

    <p>True (A)</p> Signup and view all the answers

    What are the three main sources of obligations?

    <p>Law, contracts, and quasi-contracts</p> Signup and view all the answers

    Which of the following is NOT a consequence of a breach of contract?

    <p>The non-breaching party must accept the breach and continue to perform. (A)</p> Signup and view all the answers

    A contract can only be terminated by the mutual agreement of both parties.

    <p>False (B)</p> Signup and view all the answers

    The interpretation of contracts can only be done by judges.

    <p>False (B)</p> Signup and view all the answers

    What is an example of a quasi-contract that creates an obligation for one party?

    <p>Negotiorum gestio</p> Signup and view all the answers

    What are the different types of contracts based on performance?

    <p>Executed, executory, and mixed contracts</p> Signup and view all the answers

    Which scenario would make a contract voidable?

    <p>One party coerces the other into signing the contract. (B)</p> Signup and view all the answers

    What is a key characteristic of a void contract?

    <p>It has absolutely no legal effect. (B)</p> Signup and view all the answers

    A contract can be annulled by a third party if they are directly affected by the contract.

    <p>False (B)</p> Signup and view all the answers

    Flashcards

    Law

    A rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit.

    International Law

    Rules and principles governing relations between nations.

    Constitutional Law

    Governs the relationship between the state and its citizens.

    Administrative Law

    Organizes and defines the authority of law enforcement officials, providing remedies for rights violations.

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    Political Law

    Deals with the structure and operation of governmental organs, and state-citizen relations.

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    Criminal Law

    Guaranties law's coercive power, governing the trials and punishments for crimes.

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    Civil Law

    Organizes the family and regulates property, dealing with relationships among society members for private interest protection.

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    Commercial Law

    A body of law for commercial activities among individuals.

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    Procedural Law

    Prescribes the method of enforcing rights or obtaining redress for their invasion. (Also called Remedial Law.)

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    Obligation (juridical necessity)

    A legal requirement to give, do, or not do something.

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    Prestation

    The subject matter of an obligation; action or service required.

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    Real Obligation

    Obligation to give a thing.

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    Personal Obligation

    Obligation to do or not do something.

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    Positive Personal Obligation

    Obligation to do something.

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    Negative Personal Obligation

    Obligation not to do something.

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    Civil Obligation

    Obligation enforced by the courts.

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    Natural Obligation

    Based on equity and natural law but not enforceable in court.

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    Moral Obligation

    Not enforceable by law but based on conscience.

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    Fortuitous Event

    An unforeseeable or unavoidable event.

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    Negligence (culpa)

    Failure to exercise the degree of care required.

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    Fraud (dolo)

    Intentional act to deceive or evade a promise.

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    Default (Mora)

    Failure to perform obligation at the expected time.

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    Pure Obligation

    Obligation without conditions or time limit.

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    Conditional Obligation

    Obligation based on a future, uncertain event.

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    Contract

    A legally binding agreement between two or more parties, creating mutual obligations.

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    Offer

    A proposal made by one party to another, expressing willingness to enter into a contract under certain terms.

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    Acceptance

    A clear, unqualified agreement by the offeree to the terms of the offer.

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    Consideration

    Something of value exchanged between parties in a contract, motivating each to agree.

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    Capacity

    The legal ability of a party to enter into a contract, such as being of sound mind and age.

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    Mutual Assent

    When both parties understand and agree to the same terms of the contract.

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    Legality

    The contract's purpose must be legal and not violate public policy or law.

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    Obligation

    A duty to act or refrain from acting, stemming from a contract or other sources.

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    Positive Obligation

    A legal duty to perform a specific action.

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    Negative Obligation

    A legal duty to refrain from doing something.

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    Pecuniary Obligation

    A legal duty involving financial payments or compensation.

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    Contract Interpretation

    The process of determining the parties' intended meaning and obligations from the words used in the contract.

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    Plain Meaning Rule

    Interpreting the words in a contract based on their usual and ordinary meaning.

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    Reasonable Expectations

    Interpreting contracts to reflect what a reasonable person would expect the terms to mean.

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    Quasi-Contract

    A legal obligation imposed by courts to prevent unjust enrichment, even if no formal contract exists.

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    Breach of Contract

    The failure of one party to perform their duty under the contract terms.

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    Monetary Damages

    Financial compensation awarded to a party injured due to a contract breach.

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    Compensatory Damages

    Money awarded to compensate for actual losses directly caused by the breach.

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    Liquidated Damages

    A predetermined amount stated in the contract to be paid if a breach occurs.

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    Consequential Damages

    Money awarded for indirect losses resulting from the breach.

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    Specific Performance

    A court order requiring a party to perform their obligation as stated in the contract.

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    Commercial Transactions

    Contract law applies to buying, selling, or exchanging goods, services, or assets.

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    Real Estate Deals

    Contract law governs the purchase, sale, or lease of property.

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    Employment Agreements

    Contract law outlines the terms of employment between employers and employees.

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    Personal Relationships

    Contract law applies to agreements between people in personal situations.

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    Sources of Obligations

    The origins from which legal duties arise, including contracts, quasi-contracts, laws, and torts.

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    Express Contract

    A contract where the terms are explicitly stated and agreed upon.

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    Implied Contract

    A contract created through actions or conduct rather than written words.

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    Torts

    Civil wrongs that cause harm to someone, leading to obligations to compensate.

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    Statutes

    Written laws passed by legislative bodies, creating obligations.

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    Offer and Acceptance

    A valid contract needs a clear proposal (offer) from one party and a clear agreement (acceptance) from the other party. This must be communicated.

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    Consent

    Both parties must agree freely to the terms of the contract. It should not involve coercion, deceit, or pressure.

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    Object

    The subject matter of the contract must be legal and valid. The purpose cannot go against public policy.

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    Joint Obligation

    An obligation shared by multiple parties, where all of them are responsible collectively.

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    Solidary Obligation

    An obligation where each individual is fully responsible for the entire amount. One party's payment fully discharges the obligation.

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    Divisible Obligation

    An obligation that can be completed in parts or installments.

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    Material Breach

    A major violation of the contract terms. This can justify ending the contract or suing for damages.

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    Minor Breach

    A less serious violation of the contract terms. It doesn't necessarily end the contract, but may allow for damages.

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    Anticipatory Breach

    One party clearly shows that they will not fulfill their part of the agreement in the future.

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    Surrounding Circumstances

    Courts look at the situation around the contract, like what happened when it was made, to understand its intention.

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    Purpose of the Contract

    The reason for the contract helps courts understand what the parties wanted to accomplish.

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    Obligations from Law

    Duties are imposed by laws, rules, or regulations.

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    Obligations from Contracts

    Duties arise from agreements between parties.

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    Acts or Omissions Punished by Law

    When someone breaks the law and causes harm, they have an obligation to pay damages.

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    Specific Contractual Disputes

    Real-world examples of disagreements like breaches, questionable interpretations, or application of contract principles.

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    Types of Obligations in Practice

    How real, personal, joint, solidary, and divisible obligations work in various business situations with legal examples.

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    Unjust Enrichment

    When someone benefits unfairly at someone else's expense, quasi-contractual obligation steps in to fix the harm.

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    Applying Contract Principles

    How to use essential contract principles like consideration, capacity, consent, breach, and remedies in actual problems.

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    Breach Impact on Remedies

    How the severity of a breach affects the options for fixing wrongdoings or compensation.

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    What is a contract?

    A legally binding agreement between two or more parties, creating mutual obligations.

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    What is consideration?

    The thing of value exchanged by parties, like a promise or action, that motivates each to agree.

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    What is a breach?

    A failure to perform a duty under the contract, violating the agreement made.

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    What is interpretation?

    Figuring out the meaning and obligations of the words used in the contract.

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    What are sources of obligations?

    The origins of legal duties, including contracts, laws, and even situations where fairness is needed.

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    Study Notes

    Law and Business Law

    • Law is defined as an ordinance of reason, promulgated for the common good by one who has authority over society (St. Thomas Aquinas).
    • Law is a set of rules of conduct formulated by the legitimate power of the State for common observance and benefit.
    • Law is defined as "a rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit." (Sanchez Roman)

    Sources of Law

    • Constitution: The fundamental law, all other laws must conform to it, otherwise, it's unconstitutional.
    • Administrative or Executive Orders, Regulations, and Rulings: Govern the nation's relationship with its citizens.
    • Judicial Decisions (Jurisprudence): Interpret laws and the constitution, forming part of the legal system. Though not laws, they establish the legislative intent.
    • Custom: Habits and practices that become rules of conduct through long usage, like using a door for entrance/exit.
    • Other Sources: Justice, equity, decisions of foreign tribunals, opinions of legal scholars, and religion.

    Classifications of Law

    • Public Law: Governs the State's relationship with its inhabitants, including international, constitutional, administrative, political, and criminal law.

      • International Law: Rules and principles governing relations between nations.
      • Constitutional Law: Governs State-citizen relations.
      • Administrative Law: Defines authorities' competence and individual remedies.
      • Political Law: Deals with governmental organizations and State-inhabitant relations.
      • Criminal Law: Guarantees law's enforcement through trial and punishment.
    • Private Law: Governs private relations between individuals.

      • Civil Law: Organizes the family and regulates property, covering relations of assistance, authority, and obedience.
      • Commercial Law: Covers substantial jurisprudence involving commercial relations.
      • Procedural Law (Remedial Law): Prescribes methods of enforcing rights and obtaining redress.

    Definition of Obligation

    • An obligation is a juridical necessity to give, to do, or not to do (Art. 1156, NCC).
    • Obligations originate from the Latin word obligatio, meaning tying or binding.
    • Elements of an obligation include: active subject (creditor), passive subject (debtor), object (prestation), and efficient cause (juridical tie).
    • Obligations are juridical necessities, meaning courts can enforce them.

    Different Kinds of Obligations

    • Pure and Conditional Obligations: (Arts. 1179-1192)
    • With a Period: (Arts. 1193-1198)
    • Alternative and Facultative Obligations: (Arts. 1199-1206)
    • Joint and Solidary Obligations: (Arts. 1207-1222)
    • Divisible and Indivisible Obligations: (Arts. 1223-1225)
    • With a Penal Clause: (Arts. 1226-1230)

    Kinds of Obligations

    • Civil obligations: Give right of action for enforcement.
    • Natural obligations: Based on equity/natural law, not enforceable, but voluntary fulfillment is binding.
    • Moral obligations: Not enforceable by courts, but binding in conscience.

    Extra-contractual Obligations (Quasi-contracts)

    • Negotiorum Gestio (unauthorized management): Voluntary management of another's property without consent.
    • Solutio Indebiti (undue payment): Receipt of something with no right to demand it.

    Personal and Real Rights

    • Personal right (jus ad rem): Enforced only against a specific person.
    • Real right (jus in re): Enforced against the whole world.

    Effects of Default (Mora)

    • Mora solvendi (debtor's delay): Delay in fulfilling an obligation to give/do.
    • Mora accipiendi (creditor's delay): Refusal to accept a valid tender of payment.
    • Compensatio morae (delay of both parties): Delay in reciprocal obligations, with each party bearing their damages.

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    Description

    Explore the essential principles of law and business law as defined by various scholars. This quiz covers sources of law including constitutions, administrative orders, and customs. Test your understanding of how these elements interact in legal contexts.

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